Worcester man gets 12-13 years for fatal stabbing

A city man charged with murder in a fatal New Year's Eve stabbing pleaded guilty Wednesday in Worcester Superior Court to a reduced charge of manslaughter.

Joseph Naveja, 35, had been charged with first-degree murder and armed robbery in the Dec. 31, 2011, stabbing death of 51-year-old Charley Weir, but pleaded guilty to manslaughter and armed robbery and was sentenced to two concurrent prison terms of 12 to 13 years.

The sentence imposed by Judge James R. Lemire was recommended by Assistant District Attorney Sarah Richardson and Mr. Naveja's lawyer, Debra D. DeWitt.

Ms. Richardson told the court that Worcester police went to Mr. Weir's second-floor apartment at 28 Merrick St. on the night of Dec. 31, 2011, in response to a 911 call and found Mr. Weir in a pool of blood on the floor. Investigators saw bloody footprints on the back stairs leading out of the apartment building, the prosecutor said.

An autopsy determined that Mr. Weir died from sharp force injuries to his neck and chest and that the death was a homicide, according to Ms. Richardson.

The investigation into the fatal stabbing led police to Patricia Naveja, who is Mr. Weir's widow and Mr. Naveja's mother. She told authorities she witnessed an altercation between the two men and saw her son stab her husband and take his wallet, Ms. Richardson said.

Ms. Naveja has since died, but her statement was preserved in a recorded deposition, according to the assistant district attorney.

Ms. Richardson said police determined that Mr. Naveja went from Merrick Street to Kerry Nderitu's apartment at 37 Winfield St., where he had been staying. Ms. Nderitu took Mr. Naveja's bloody clothing and sneakers to Leicester and washed them, according to the prosecutor.

She said the sneakers were later determined to have Mr. Weir's DNA on them, even though they had been laundered.

Ms. Nderitu, 42, who was also accused of providing a false alibi for Mr. Naveja when questioned by police, was sentenced to 2 years to 2 years and a day in state prison, with probation to follow, after pleading guilty Feb. 4 to two counts of being an accessory, after the fact, to murder and a single count of misleading police, prosecutors or a grand jury.

Ms. Richardson told Judge Lemire a plea agreement had been reached in Mr. Naveja's case after a careful review of the facts and the state of the evidence. She said Mr. Weir's family was in agreement with the recommended disposition of the case and understood the reasons behind it.

The maximum sentence for manslaughter is 20 years. A conviction for first-degree murder carries a statutory sentence of life imprisonment without parole.

The Rev. Muriel Sanborn, pastor of the Victory in Christ Church on Pleasant Street, said in an impact statement that she knew Mr. Weir through the church. Rev. Sanborn recalled the victim as “a good man” with an ever-present smile and an infectious laugh.

Although he was “not a perfect man,” Mr. Weir did not deserve to die in the manner he did, Rev. Sanborn said.

Mr. Weir's sister-in-law, Rachel Weir, described her brother-in-law's death as “a very unnecessary loss,” in an impact statement read by Ms. Richardson.

“I mourn for Charley, but I also mourn for you, too,” Ms. Weir said to Mr. Naveja.

“And when you do come back into the community, help others do the opposite of what you did. Please make something of your life, Mr. Joseph Naveja,” Ms. Weir said in her statement.

Ms. DeWitt said her client was “remorseful” for his actions.

Mr. Naveja was given credit for 523 days he spent in custody awaiting trial.